# Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock from the Aleutian Islands Subarea to the Bering Sea Subarea
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Temporary rule; reallocation.
**SUMMARY:**
NMFS is reallocating the projected unused amounts of Community Development Quota (CDQ), incidental catch allowance (ICA) and non-CDQ pollock from the Aleutian Islands subarea to the Bering Sea subarea. These actions are necessary to allow the 2005 total allowable catch (TAC) of pollock in the Aleutian Islands subarea to be harvested.
**DATES:**
Effective June 21, 2005, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2005.
**FOR FURTHER INFORMATION CONTACT:**
Josh Keaton, 907-586-7228.
**SUPPLEMENTARY INFORMATION:**
NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the 2005 A season allowance of non-CDQ pollock is 9,800 metric tons (mt), the ICA of pollock is 1,200 mt, and the CDQ pollock is 760 mt, as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005), for the period 1200 hrs, A.l.t., January 1, 2005, through 1200 hrs, A.l.t., June 10, 2005.
As of May 21, 2005, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that the following A season apportionments of pollock in the Aleutian Islands subarea will not be harvested: 9,600 of non-CDQ pollock, 460 mt of ICA pollock and 760 mt of CDQ pollock. Therefore, in accordance with § 679.20(a)(5)(iii)(B)( *4* ), NMFS reallocates 9,600 mt of non-CDQ pollock and 760 mt of CDQ pollock from the Aleutian Islands subarea to the Bering Sea subarea B season allocations. In accordance with § 679.20(a)(5)(iii)(B)( *2* )( *ii* ), NMFS reallocates 460 mt from the Aleutian Islands subarea pollock ICA to the B season non-CDQ directed pollock fishery.
Also, the Regional Administrator has determined that the B season ICA is in excess of the necessary amount and is reallocating the excess B season apportionment of the ICA to the directed pollock fishery. In accordance with § 679.20(a)(5)(iii)(B)( *2* )( *ii* ), NMFS reallocates 140 mt from the B season apportionment of the Aleutian Islands subarea pollock ICA to the B season non-CDQ directed pollock fishery.
Furthermore, the Regional Administrator has determined through consultation with the Aleut Corporation and the CDQ groups that 4,900 mt of the B season non-CDQ pollock and 1,140 mt of the B season CDQ pollock allocations in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)( *4* ), NMFS apportions 4,900 mt of non-CDQ pollock and 1,140 mt of CDQ pollock from the Aleutian Islands subarea to the Bering Sea subarea B season allocations. Table 3 has been revised to reflect this reallocation.
The harvest specifications for pollock in the Aleutian Islands subarea included in the harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) are revised as follows: 200 mt to the A season allowance of non-CDQ pollock, 740 mt to the A season allowance of ICA pollock, 0 mt to the A season allowance of CDQ pollock, 1,000 mt to the B season allowance of non-CDQ pollock, 660 to the B season allowance of ICA pollock, and 0 mt to the B season allowance of CDQ pollock.
Pursuant to § 679.20(a)(5), Tables 3 and 10 are revised for the 2005 B season consistent with this reallocation. Footnote 1 continues to state the allocations under regulations at § 679.20(a)(5).
| Area and sector | 2005 Allocations | 2005 A season | A season DFA | SCA harvest limit | 2005 B season | B season DFA | 2006 Allocations | 2006 A season | A season DFA | SCA harvest limit | 2006 B season | B season DFA |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Bering Sea subarea | 1,478,500 | ..... | ..... | ..... | 1,487,756 | ..... | ..... | ..... | | | | |
| CDQ DFA | 147,850 | 59,140 | 41,398 | 90,610 | 148,776 | 59,510 | 41,657 | 89,265 | | | | |
| ICA | 44,577 | ..... | ..... | ..... | 44,856 | ..... | ..... | ..... | | | | |
| AFA Inshore | 643,037 | 257,215 | 180,050 | 393,072 | 647,062 | 258,825 | 181,177 | 388,237 | | | | |
| AFA Catcher/Processors | 514,429 | 205,772 | 144,040 | 314,458 | 517,650 | 207,060 | 144,942 | 310,590 | | | | |
| Catch by C/Ps | 470,703 | 188,281 | ..... | 287,729 | 473,650 | 189,460 | ..... | 284,190 | | | | |
| Catch by CVs | 43,726 | 17,491 | ..... | 26,729 | 44,000 | 17,600 | ..... | 26,400 | | | | |
| Unlisted C/P Limit | 2,572 | 1,029 | ..... | 1,572 | 2,588 | 1,035 | ..... | 1,553 | | | | |
| AFA Motherships | 128,607 | 51,443 | 36,010 | 78,614 | 129,412 | 51,765 | 36,235 | 77,647 | | | | |
| Excessive Harvesting Limit | 225,063 | ..... | ..... | ..... | 226,472 | ..... | ..... | ..... | | | | |
| Excessive Processing Limit | 385,822 | ..... | ..... | ..... | 388,237 | ..... | ..... | ..... | | | | |
| Total Bering Sea DFA | 1,433,923 | 573,570 | 401,498 | 876,754 | 1,487,756 | 577,160 | 404,012 | 865,740 | | | | |
| Aleutian Islands subarea | 2,600 | ..... | ..... | ..... | 19,000 | ..... | ..... | ..... | | | | |
| CDQ DFA | ..... | ..... | ..... | ..... | 1,900 | 760 | ..... | 1,140 | | | | |
| ICA | 1,400 | 740 | ..... | 660 | 2,000 | 1,200 | ..... | 800 | | | | |
| Aleut Corporation | 1,200 | 200 | ..... | 1,000 | 15,100 | 9,800 | ..... | 5,300 | | | | |
| Bogoslof District ICA | 10 | ..... | ..... | ..... | 10 | ..... | ..... | ..... | | | | |
| Cooperative name and member vessels | Sum of member vessel's official catch histories | Percentage of inshore sector allocation | 2005 Annual cooperative allocation | 2006 Annual cooperative allocation |
| --- | --- | --- | --- | --- |
| | 245,922 | 28.130% | 182,925 | 182,018 |
| | 36,807 | 4.210% | 27,378 | 27,242 |
| | 73,656 | 8.425% | 54,788 | 54,516 |
| | 23,850 | 2.728% | 17,740 | 17,652 |
| | 106,737 | 12.209% | 79,395 | 79,001 |
| | 213,521 | 24.424% | 158,824 | 158,037 |
| | 173,744 | 19.874% | 129,236 | 128,595 |
| Open access AFA vessels | 0 | 0.00% | 0 | 0 |
| Total inshore allocation | 874,238 | 100% | 650,287 | 647,062 |
**Classification**
This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Aleutian Islands subarea pollock to the Bering Sea subarea B season. At the end of May 2005, NMFS was notified by the Aleut Corporation and the CDQ groups that the pollock allocations in the Aleutian Islands subarea will not be harvested. Since the B season opens June 10, it is important to immediately inform the industry as to the final Bering Sea subarea B season allocations. Immediate notification is necessary in order to allow an orderly transition into the B season and to provide timely information to allow for the orderly conduct and efficient operation of this fishery thereby allowing the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors.
The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.
This action is required by § 679.20 and is exempt from review under Executive Order 12866.
**Authority:**
16 U.S.C. 1801 *et seq.*
Dated: June 14, 2005.
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.